Правна библиотека и анализ на дела · Австрия · Белгия · Европейски съюз
LAWxPERT Вход Безплатен акаунт

Cap. 442 · cap/442 (Cap. 442)

Cap. 442 чл. 40Sale or provision of goods. Cap. 379.

PART IV

В силаОфициален текст

(1) Notwithstanding the provisions of any other law, a society whose principal activity consists in the sale or purchase or the provision of any goods and, or, services, may provide in its statute, or may otherwise contract with its members, that:

(a) every such member who produces such goods or provides such services shall dispose of, or otherwise arrange for the disposal of, the whole or any specified amount or proportion, of such goods or services to or through the society in conformity with any agreement entered into or arrangement made between the society and any third party;

(b) every such member shall purchase from the society the material required by the member for the purpose or in connection with the production of such goods or the provision of such services, in whole or in any specified amount or proportion thereof, from the society: Provided that such rules and obligations shall be directly related, necessary and proportionate to the formation and proper functioning of the society and that the compatibility of such rules and obligations with the provisions of the Competition Act shall, in every event, be assessed together with and within the context of the economic conditions prevailing in the relevant market in particular the market power of the society concerned.

(2) The statute, or contract, as the case may be, may also provide for reasonable and proportionate penalties or other consequences to be incurred by a member of a society who acts in violation of the provision referred to in subarticle (1).